Roth v. Crosby
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
JOSEPH HENRY ROTH,
Appellant,
v.
JAMES CROSBY, SECRETARY,
DEPARTMENT OF CORRECTIONS,
Appellee.
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Case No. 2D03-1453
Opinion filed July 16, 2004.
Appeal from the Circuit Court for Polk
County; Charles B. Curry, Judge.
Joseph Henry Roth, pro se.
No appearance for Appellee.
WALLACE, Judge.
Joseph Henry Roth is a prison inmate in the Polk Correctional Institution.
In February 2000, the Florida Parole and Probation Commission (the Commission)
established his presumptive parole release date as June 2, 2011, a date significantly
later than the date recommended by the hearing examiner.
Roth sought review of the Commission's order by filing a petition for a writ
of habeas corpus in the Circuit Court for Polk County. However, the appropriate vehicle
for challenging a presumptive parole release date is a petition for a writ of mandamus
directed against the Commission. Griffith v. Fla. Parole & Prob. Comm'n, 485 So. 2d
818, 820 (Fla. 1986) (contrasting mandamus with habeas corpus, which is the
appropriate vehicle for challenging an effective parole release date). The mandamus
petition must be filed in the Circuit Court for Leon County, where the Commission is
headquartered. Lewis v. Fla. Parole Comm'n, 697 So. 2d 965, 966 (Fla. 1st DCA 1997).
Applying the correct law, the circuit court denied Roth's petition without prejudice for
Roth to file a petition for a writ of mandamus directed against the Commission.
We treat Roth's timely filed notice of appeal as a petition for a writ of
certiorari. See Fla. R. App. P. 9.040(c); Sheley v. Fla. Parole Comm'n, 703 So. 2d
1202, 1206 (Fla. 1st DCA 1997) (criminal division en banc), approved, 720 So. 2d 216
(Fla. 1998). We deny the petition.
Petition denied.
NORTHCUTT and VILLANTI, JJ., Concur.
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